1. Lochner v. New York, (1905)
2. Facts: Lochner was convicted under a New York law prohibiting bakery employees from working more than 10 hours per day or 20 hours per week.
3. Procedural Posture: Lochner borught this action to attack the New York bakery labor law.
4. Issue: Whether the New York law was a constitutional regulation of health and safety of a workplace under state police power.
5. Holding: No.
6. ∆ Arguments: The state has an interest in the health and safety of both the bakery workers as well as the quality of the bread that they make. Thus, these laws were passed under a valid exercise of the state’s police power.
7. Majority Reasoning: The statute necessarily employs with the right of contract between the employer and employee. Thus, the power of the state to police the “liberty” of the individual to contract, which is protected by the 14th amendment (See Allgeyer), must be balanced against the state’s interest. There is a limit on the police power of the states. Thus, the question is whether this law is a reasonable exercise of the police power or an arbitrary interference with the right of personal liberty to contract as he sees fit. There is no reasonable right to interfere with the liberty to contract by determining the hours of a baker. This law does not involve safety of the baker, who in contrast to a miner is as a class intelligent, is not threatened by his power to negotiate hours of employment. The state’s justification for this law under health and safety is a pretext because the public interest is not sufficiently affected by this act. There is no demonstrable causal link between labor hours of a baker and the quality of his product or his own health.
8. Dissent Reasoning: [Harlan] felt that the people of New York had decided that the health of an average man is endangered if he works more than 60 hours per week. Whether or not this is wise is not a question for the court to inquire. The only question for the court is whether the means devised by the state are germane to an end which may be lawfully accomplished and have a real or substantial relation to the protection of health of bakers. Common experience tells us that there is a logical relationship. There is abundant evidence that the workplace of a baker is hazardous to his health. Clearly, this is not a plain invasion of rights secured by “fundamental law.”
9. Notes: Lochner is criticized as being an overly broad interpreteation of the word “liberty” in the 14th amendment. At common law, liberty meant freedom from physical restraint, and it did not include “freedom of contract” as held in Lochner. Also, Lochner seemed to read the terms “property” and “due process” very broadly to cover contractual rights.
